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Criminal breach of trust by public servant or agent. 409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust...
LAWS OF MALAYSIA Act 574 PENAL CODE ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY Section 1. Short title 2. Punishment of offences committed within Malaysia 3. Punishment of offences committed beyond, but which by law may be tried within Malaysia 4. Extension of Code to extraterritorial offences 5. Certain laws not to be affected by this Code
Jan 9, 2021 · On the other hand, the criminal offence of breach of trust is contained in Sections 405 to Section 409 of the Penal Code. Essentially, the elements which the prosecution will have to prove is: The Accused was entrusted with property or with dominion (i.e. control) over it;
Section 409 goes on to state that any public servant or agent committing a CBT is punishable with a jail term of up to 20 years, whipping and a fine. The following are the key issues to consider for determining whether the elements for this offence have been proven:
On his first trial, he was found guilty of all seven charges which include three counts of criminal breach of trust under Section 409 of the Penal Code, one count of abuse of power under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009, and three counts of money laundering under Section (1)(b) of the AMLATFPUAA.
Feb 12, 2016 · Justice Lee Seiu Kin has described sections 406 to 409 of the Penal Code, which comprise the CBT group of offences, as revealing a “sliding scale of severity”: see PP v Tan Cheng Yew [2013] 1 SLR 1095 at [102].
Nov 16, 2023 · The charge, framed under Section 409 of the Penal Code, provides for a prison sentence of between two and 20 years, whipping and is also liable to a fine, if convicted. The prosecution was handled by Deputy Public Prosecutor Raihanah Abd Razak, while lawyer Lee Keng Fatt represented the accused.
Jan 24, 2022 · In this trial, Ahmad Zahid ― who is a former home minister and currently the Umno president ― faces 47 charges, namely 12 counts of criminal breach of trust in relation to charitable foundation Yayasan Akalbudi’s funds, 27 counts of money laundering, and eight counts of bribery charges.
Jan 4, 2022 · The sole charge was framed under Section 409 of the Penal Code, which carried a punishment of imprisonment between two to 20 years, whipping and a possible fine upon conviction. The accused entered his plea before Sessions Court judge Suzana Husin.
409B. (1) Where in any proceeding it is proved—. (a) for any offence prescribed in sections 403 and 404, that any person had misappropriated any property; or. (b) for any offence prescribed in sections 405, 406, 407, 408 and 409, that any person entrusted with property or with dominion over property had—.
